Section 320.086

Title XXI PUBLIC SAFETY AND MORALS

Chapter 320

Effective - 28 Aug 2018, 2 histories   

  320.086.  Access to closed arrest records not authorized — attorney-client privilege not restricted or waived — health information, closed record. — 1.  Nothing contained in sections 320.081 to 320.086 shall allow access to records otherwise closed under sections 610.100 to 610.105.

  2.  Nothing contained in sections 320.081 to 320.086 shall restrict or waive the attorney-client privilege.

  3.  The portion of a record that is individually identifiable health information, as defined by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), P.L. 104-191, as amended, may be closed records, as provided under sections 610.100 to 610.105, if maintained by fire departments and fire protection districts.  Notwithstanding the foregoing, all fire departments and fire protection districts shall produce for every call to the department or district an "incident report", as defined in section 610.100, that shall include the date, time, specific location, and name of the owner of the specific location or any vehicle involved in the incident, if known.  All incident reports shall be open records under section 610.100.

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(L. 1983 H.B. 337 §§ 320.086, 320.087, A.L. 2018 S.B. 870)